during the two years previous, certified by himself and signed by the judge of such court, showing the claimant, the amounts claimed, and the judgment rendered for or against the claimant.

6637 SEC. 1111. [Place of trial.] The state may be sued in the district court of the county wherein the capital is situate, in any matter founded upon or growing out of a contract, expressed or implied, originally authorized or subsequently ratified by the legislature, or founded upon any law of the state. The peti tion in such a case shall be as provided in section two of this act, summons shall issue and be served in the same manner as herein before provided, and the rules of pleading and practice in regard to other civil actions in the district court shall be observed in all actions by or against the state, as far as applicable, except as otherwise herein provided.

6638 SEC. 1112. [Set-off against state.] In any civil action instituted by the state, except in actions for the collection of revenue, or for school or other trust funds, or against defaulting officers and their bondsmen, the defendant may, as matter of defense, plead any set-off, counter claim, or cross demand that he may have arising to him in his own right, and upon which an action could be maintained by him against the state.

6639 SEC. 1113. [Priority of trial-Attendance of witnesses.] Civil actions to which the state is a party shall, on motion of counsel on behalf of the state, have priority of trial over other civil actions; and the several district courts having jurisdiction to try actions to which the state is a party, shall have power to compel attendance of witnesses, as is now had by such courts in other civil actions, and on payment of fees and mileage by the party desiring their attendance, may compel the attendance of witnesses from any county within the state.

6640 SEC. 1114. [Fraud in proof of claim-Penalty.] Any person who corruptly practices, or attempts to practice, any fraud against the state in the proof, statement, establishment, or allowance of any claim or cause of action, or any part thereof, in the matter out of which the same arose, shall ipso facto forfeit the same to the state; and it shall be the duty of the court in such case to find specific ally that fraud was practiced, or attempted to be practiced, and to render judgment of forfeiture, and that the claimant be forever barred from prosecuting the same against the state, and for costs.

6641 SEC. 1115. [Fees of officers.] The fees of sheriff, the clerk, or other officers, or of witnesses in claims or suits to which the state is a party, shall be the same, and be paid and taxed in the same manner as in other civil actions in the dis trict courts.

6642 SEC. 1116. [Attorney for state.] It shall be the duty of the attor ney general to appear and defend actions or claims against the state. He may require the assistance of the district or prosecuting attorney of the district or county wherein the action is brought, and in any case of importance or difficulty the governor or chief officer of the department or institution to which it relates, may retain and employ a competent attorney to appear on behalf of the state.

6643 SEC. 1117. [Judgment certified to auditor-Payment-Stay.] The court by which any judgment is rendered against the state shall certify the same to the auditor of public accounts, who shall pay the same from any special fund or appropriation applicable thereto, and if none such have been provided or made, then from any appropriations made to the department or institution relating to which the cause of action arose; Provided, That a certificate of the auditor of public accounts or of the chief officer of such department or institution that the current appropriations will not permit the payment of such judgment without great public inconvenience, shall operate as a stay of such judgment until the adjournment of the next

regular session of the legislature; and in case of such stay being claimed or taken, interest shall run on such judgment from its date at the rate of ten per centum per

annum.

6644 SEC. 1118. [Same-Against claimant-Docketed where.] In any action in which a judgment is rendered in any sum, or for costs against the claimant, the clerk of the court in which such judgment was rendered shall make and transmit a certified copy thereof on application of the attorney general, or other counsel on behalf of the state, to the clerk of the district court of any county within the state, and the same shall thereupon be filed and docketed in such court and become and be a judgment thereof; and all judgments against the claimant or plaintiff shall be collected by execution as other judgments in the district courts. 6645 SEC. 1119. [Error-Appeal-Proceedings-Supersedeas.] Proceedings in error or appeal from the several district courts to the supreme court, as in other civil cases, may be taken by either party within the same limitations of time as in other civil actions. No appeal or supersedeas bond shall be required of the state, and the filing of notice signed by the governor, or chief officer of the proper department, or by the attorney general, or counsel for the state, of intention to take such proceedings, shall operate as a supersedeas of such judgment, and until the time that final judgment in the court of review be rendered in said cause, but the same shall not so operate longer than six months, unless proceedings in error or appeal are taken, and in case of the affirmance of such judgment or failure on the part of the state to take proceedings in error or appeal, after notice thereof, interest shall run and be computed on such judgment from its date.

6646 SEC. 1120. [Payment-Bar of claim.] Payment and receipt of the amount due on any judgment rendered in any action brought under the provisions of this act, shall be a full discharge of the state in such matter, and any final judgment shall forever bar further controversy upon the subject thereof.

6647 SEC. 1121. [Action, when brought-Limitation.] Every claim and demand against the state shall be forever barred, unless action be brought thereon within two years after the claim arose; Provided, That claims now subsisting shall not be barred until two years after the taking effect of this act, and every claim and demand in behalf of the state except for revenue, or upon official bonds, or for loans or moneys belonging to the school fund, or loans of school or other trust funds or to lands or interest in lands thereto belonging, shall be barred by the same lapse of time as is provided by the law in case of like demands between private parties; Provided, however, That in any action on behalf of the state the defendant may plead and avail himself of any set-off or counter claim growing out of or connected with the same matter or transaction upon which action is brought against him. [Amended and took effect Feb. 28, 1881.]

6648 SEC. 1122. [Change of venue.] Change of venue may be taken from the district court of the county in which the action is brought as in other civil cases, on payment of the costs of removal, by the party making application for such change of venue.